TWU v CHUBB SECURITY SERVICES [2001] NSWIRComm 84

TWU v CHUBB SECURITY SERVICES [2001] NSWIRComm 84

Given the history of intermittent industrial action, the absence of a sufficient undertaking against future industrial action, the importance of the imminent two-man soft-skin trial, and the public interest in avoiding disruption to Chubb's cash-in-transit services, the Commission was justified in granting dispute orders to secure industrial stability during the trial period. Chubb did not establish that a six-month order was appropriate, so the order was limited to eight weeks with liberty to apply.

Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Notification Under S130 of the Industrial Relations Act 1996 of an Industrial Dispute / Decision on Application for Dispute Orders Under S137 of the Industrial Relations Act 1996
Outcome
Dispute orders granted for eight weeks, not six months.
Legal Topics
['industrial Dispute' 'dispute Orders' 'industrial Action' 'cash in Transit Industry' 'soft Skin Vehicles' 'two Man Crewing']
['industrial Relations'] ['industrial Dispute' 'dispute Orders' 'industrial Action' 'cash in Transit Industry' 'soft Skin Vehicles' 'two Man Crewing']

Case Brief

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Procedural Posture

Notification Under S130 of the Industrial Relations Act 1996 of an Industrial Dispute / Decision on Application for Dispute Orders Under S137 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether dispute orders should be issued under s137 of the Industrial Relations Act 1996 requiring the TWU and its officers, employees, members and agents to refrain from bans, limitations or restrictions at Chubb premises.' "Whether the evidence showed sufficient actual or threatened industrial action to justify dispute orders despite the TWU's opposition and stated willingness to participate in trials." 'What duration and form of dispute orders were appropriate if orders were granted.']

Ratio Decidendi

Given the history of intermittent industrial action, the absence of a sufficient undertaking against future industrial action, the importance of the imminent two-man soft-skin trial, and the public interest in avoiding disruption to Chubb's cash-in-transit services, the Commission was justified in granting dispute orders to secure industrial stability during the trial period. Chubb did not establish that a six-month order was appropriate, so the order was limited to eight weeks with liberty to apply.

Court Disposition

Dispute orders granted for eight weeks, not six months.

Orders

  • ["The Transport Workers' Union, New South Wales Branch, and its officers, employees, members and agents, refrain from imposing any bans, limitations or restrictions in the performance of work at or in relation to Chubb Security Services Ltd premises at Newcastle, Smithfield, Lane Cove West and Wollongong." "The TWU...